California State Bar Rejects Charges Against Mike Aguirre

"Bar launches Aguirre inquiry,” shouted a Union-Tribune headline November 20, 2007. It was followed by many others: “State bar seeks details of meeting with Aguirre” and “Bar subpoenas bills of firms tied to Aguirre,” for just two examples. Thus, in 2007 and 2008 did the Union-Tribune keep reminding its readers of the State Bar of California’s investigation of then–city attorney Mike Aguirre, who was in office from 2004 to 2008. Verily, the bar’s investigation was the centerpiece of the U-T’s smear campaign against Aguirre.

But as I revealed on my blog January 30, those investigations have been concluded, and the bar says that no further action is warranted on any of the multiple charges against him. The bar won’t discuss the case as a matter of policy.

The stories cited above were written by Alex Roth, who is now a publicist for Mayor Jerry Sanders. Hmm. One Chris Reed, who then had a blog for the U-T, kept up the drumbeat in attack after attack. One headline was “Has West Coast Mike violated state bar’s rules of professional conduct?” This screed compared Aguirre (“West Coast Mike”) with Mike Nifong, the North Carolina prosecutor who disgraced himself and his profession by falsely charging Duke University lacrosse players with rape. Other Reed harangues were equally scurrilous.

The U-T’s editorial page was the worst, as then–editorial-writer Bob Kittle shrieked about Aguirre, constantly reminding readers that the then–city attorney was being investigated by the bar. Roth, Reed, and Kittle weren’t the only staffers obsessed with Aguirre. The hatred went all the way to the top of the organization, and Aguirre fought back — for example, hosting a radio talk show that scorched the U-T.

The U-T did print some objective information on Aguirre, however. It revealed that one of the San Diego lawyers who was interviewed at length by the bar was then–city council president Scott Peters. Later, in 2008, Peters ran unsuccessfully in the primary against Aguirre — reminding the voters that Aguirre was under investigation by the state bar. Sigh. San Diego politics.

Publicly, Peters and Kittle, in particular, railed about Aguirre’s supposed lack of ethics. As I have reported earlier, on January 19, 2004, Peters and Kittle met at a breakfast. Peters handed Kittle an op-ed piece that he wanted placed in the paper. By email, Kittle thanked Peters for making sure that telephone poles were taken down near his house and then asked another favor: would Peters ask traffic authorities to put up more signs to slow down speeding cars near the Kittle residence? The op-ed ran, and shortly, Peters came in to the U-T for a preelection interview. Bingo! Enthused the U-T’s editorial, “We like Peters’ reserved demeanor and hard work, and we heartily endorse him.”

As I said: sigh. It was quintessential San Diego politics and the marriage of the U-T with pols who are friends of the establishment — something Aguirre wasn’t.

The anti-Aguirre defamation campaign was clearly orchestrated by the downtown establishment — with the help of City of San Diego employees guarding their excessive pay and pensions and the Union-Tribune protecting, as usual, the overlords.

When he was in office, Aguirre stated that he represented all the people, not just City of San Diego employees. Thus, he was sometimes suing and sometimes defending the same people. For example, four police officers who had unsuccessfully sued him in court for extortion complained to the bar that he had this conflict. They struck out a second time. There was a similar conflict charge made about his role in pension matters. There was a complaint that when he told La Jolla residents that the City may have been partially responsible for a landslide, he should have represented the City’s side only.

He was charged with awarding exorbitant fees to the law firm Latham & Watkins and having too cozy a relationship with a mediator, retired U.S. magistrate judge Harry McCue. He was charged with going ahead with a legal action without the council’s permission; however, he was able to show that the council had told him to go ahead with the suit but not in the council’s name. These charges didn’t stick.

Nor did allegations that he had released confidential information and had asked a former assistant city attorney to leak confidential emails to the press. A silly charge that he had served individuals with a complaint instead of their lawyers didn’t fly.

A major complainant was Tom Story, who was in the headlines several years ago. Story had been high in the administration of Dick Murphy, who resigned as mayor under a cloud. Like all too many bureaucrats, Story had taken his knowledge of city hall backstairs maneuvers to the private sector; he joined Sunroad Enterprises, headed by Aaron Feldman, a friend of Mayor Jerry Sanders. Sunroad erected a building near Montgomery Field. The building’s height violated federal and state laws. Aguirre sued and Sunroad countersued. In a separate suit, Aguirre sued Story for breaking rules on how soon a former bureaucrat can contact those in government he had worked with.

Superior court judge Michael Wellington, in a highly emotional decision, linked the two cases, claiming that Aguirre was trying to influence the civil suit by filing the criminal suit against Story. The judge said Aguirre couldn’t prosecute the Story case, but he never named anyone who could. Wellington had received a letter from District Attorney Bonnie Dumanis the day before his dubious decision.

When, finally, Aguirre prevailed and Sunroad reduced the size of the building, the U-T made it sound like a victory for the mayor, who had been trying to get Feldman off the hook.

Aguirre’s representative told the bar that the civil and criminal cases were different; the charges against Story were not limited to the Sunroad matter, and Aguirre had not engaged in any misconduct in the case, which was actually a singular victory for him.

The establishment members want their toys -- expanded convention center, Chargers stadium, subsidization of downtown properties, e.g. -- to enhance (supposedly) their own businesses. If the city goes broke paying for those toys, the sales tax will have to go up. This is a highly regressive tax that doesn't harm overlords except those selling products to the masses. Nor will most of the establishment be harmed by the bankruptcy. For these reasons, the establishment is playing fast and loose with taxpayer money, and doesn't care about the consequences. The San Diego County Taxpayers Association represents only a few of the wealthiest in San Diego County. It backed the Petco scam even though its own chief executive warned of the consequences. Best, Don Bauder

In the Court of Public opinion the statement, "I don't write many puff pieces but I do admire those who are trying, or have tried, to clean up San Diego and its finances." is circumstantial evidence of puffing love and admiration for Aguirre.

You should have left this where it belongs in your personal blog, Scam Diego. There's nothing news worthy here.

The facts are Aguirre was a pimple on San Diego's backside and it took four long years and millons spent on outside lawyers to rid ourselves of the annoyance.

JW, face it, Mike was David facing down Goliath and we ALL now know he was right, and that does make him a hero to many.

Mike IS a hero to many, many people in San Diego and other places for standing up to gov abuses no matter what the cost. That to me is the definition of a true hero. Anyone can tuck tail and run down the easy path of no resistance, the one who stands against all odds and takes the most difficult path in the face of massive opposition is the guy I will get behind 100% of the time.

I'm glad someone in this town follows up and reports the news that should be in our local paper. Especially when that local paper made such a big deal about Aguirre being wrong (when he was right). Unfortunately, the UT has much too much influence on the local pop and can sway an election, even when the candidate is one who works on their behalf. I'm just glad The Reader and writers like yourself are around to add some balance to what the big dogs would like us all to believe.

You may be right in saying Aguirre should have kept quiet when he spoke out, but I'm happy neither he nor you live by that philosophy. The one thing you and I differ on has to do with the City employee pensions. I'm glad the union got their members that pension package, and I do feel bad it is a burden on the city to maintain, but I don't think we should be criticizing those who are fortunate enough to have a pension that will allow them to live here. Some may say the City Council or the then Mayor screwed up in agreeing to the deal, but I say too bad. What should we be wishing for? Payscales and benefits like Walmart provides, or some other service sector employer? Let's face it, many of the recently retired are trying to get into discounted Senior housing and buying their groceries on mark-down. I say good for those who managed to get a good retirement, and the City is just going to have to find a way to pay for it. I know Aguirre is for bankruptcy and maybe that is the solution considering the City appears bankrupt when it comes to finding creative and effective solutions to its financial problems.
I just don't think we ought to get into a race to the bottom and try to drag down those who have made out well simply because most of us have not.
In any case, thanks again for the great reporting. As always, I look forward to your next column.

I admit it seems incongruous for people like myself to complain about firefighters retiring with $100,000 a year pensions when Wall Street plutocrats bring home $100 million a year and corporate CEOs take home$15 million annually. I see your point; I really do. However, the city cannot afford to pay these emoluments to its workers. The city is insolvent. So something must be done. I would like to see something done about obscene Wall St. and CEO pay, but the employers are part of the private sector (in theory), they own the Congress, and reform is going to be a slow process, if it ever comes. It is reprehensible that the government bailed out Wall Street and then permitted this rank theft to continue. Agreed. But can we storm the Bastille? Best, Don Bauder

I'm glad the union got their members that pension package, and I do feel bad it is a burden on the city to maintain, but I don't think we should be criticizing those who are fortunate enough to have a pension that will allow them to live here.

So it allows them to live here???? And since when does the public taxpayer - the poor and middle class- have to subsidize public employees to live anywhere??? I want to live in Bel Air-have wanted to live there since I first drove through it 40 years ago-guess what-I can't afford to. If I get a job at McDonalds in Bel Air, or for the city cutting the grass or trimming the threes, does that mean the citizens of Bel Air owe me a wage that would allow me to live there??? No, it does not.
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Some may say the City Council or the then Mayor screwed up in agreeing to the deal, but I say too bad. What should we be wishing for? Payscales and benefits like Walmart provides, or some other service sector employer?
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You mean payscales in the FREE AND OPEN MARKET, where employees with GED's get a market wage and not a $200K per year compensation package that has no basis in reality for the skill set they have?? No thanks.

If you want communism move to North Korea, see how communism really works. Hint, it ain't working out so good there, and it is working out even worse in gov employment here where GED employees are comped as much as a medical doctor.
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Let's face it, many of the recently retired are trying to get into discounted Senior housing and buying their groceries on mark-down.
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Oh brother-that is the WHOPPER OF THE CENTURY!!!

The AVERAGE local muni retiree in 2009, with 30 years or more of service credit have ON AVERAGE $80K PLUS pensions-that is nearly 3 times the MEDIAN WAGE for people who actually work in this state.

Your BS claim that city retirees are trying to get into "senior housing" is the WHOPPER of the century. Why do you clowns LIE SO MUCH???? Why do you try to rip off the poor and the middle class so much???? Why don't you pull your own weight for ONCE and stop leeching off the poor?????

For you JavaJoe, pay attention to the 2nd paragraph and AVERAGE local pensions;

"CalPERS data shows the average career public employee, who put in at least 30 years of service and retired in the 2008-09 fiscal year, collected a starting pension of $67,000 a year, or 2.5 times the advertised figure. The higher number is buried deep in the retirement system's financial statement and never makes it to the promotional material CalPERS hands out."

"The pension numbers are even higher for the separate local retirement, systems that cover employees of the two East Bay county governments. The average was $85,500 for career workers who retired in 2009 from the Contra Costa system, and $83,000 from Alameda County."

Hey, SurfMonkey; When I say retirees are trying to get into discounted senior cit housing, I am not referring to the muni retirees. They don't have to live like that; their union got them a good pension! It's those who did not have the good fortune to get into a union and enjoy a decent retirement.

And when you refer to the "poor and middle class," do your realize they might not be so poor is they were unionized and could demand pay and benefits more in line with what the executives get.

You see, Surfputty, it's people like you who keep the poor people poor and the rich nice and rich. You get suckered in by what you read in the UT and hear on Fox News and then you go and vote for some slick ex-cop who could care less about you and yours. He and his crew are going to sell you a new stadium, jack up your seasonal ticket price, double what you pay for a hot dog and a beer, and let your streets and bridges crumble right before your eyes.

I know a lot of people don't like those cushy pensions that the muni folks got, but I just love seeing the "working class" get some cake for a change. Everyone seems to feel that only the big dog deal makers here in SD should be raking in the big bucks.

Yea, SurfPoodle, you can red-bait all you want. What I don't understand is why you rant and rave about the poor and working class who have to pay the taxes but you don't seem able to put two and two together and realize that it is the poor and working class who are getting screwed in a much larger way than what they would be paying in taxes. It's just like this lame idea to put city services out for competitive bidding. That is nothing but a scam to knock local workers out of good paying jobs and allow cutthroat operators step in and do the job for less by paying their employees less and offering little if any benefits. Oh yea--the city will save money; but its citizens will be losing their homes. How does anyone maintain an income high enough to be able to afford the cost of living here in SD, if what was once a good paying job has been taken over by low-ball contractors who lay them off and offer to rehire them at half the pay, if they offer to hire them at all?

Like I said in my earlier note to Don B., the deal here should not be to see how fast we can all go down in income and see benefits and pensions shrink, or just stand around dumbfounded over how our 401K's lost 60% of their value while them folks who said it was a good idea walk away with 7-figure parachutes and bonuses even when their company loses money. Of course, the big boys would have known that was coming and shorted their stock so they make their money even when the rest of us see our IRA's go over the cliff.

You need to wake up SurfPuppy; get the salt out of your eyes and the kelp out of your ears. You are defending the very people who will not even bat an eyelash when you lose everything you've got. You'll be dealing with your foreclosure while they go surfing.

I doubt that SurfPup gets his news from the UT and Fox. You make some excellent points. You make a cogent point about competitive bidding. It can work in a relatively corruption-free city but would never work in San Diego. The contracts will go to big political donors. To make competitive bidding work, there has to be good monitoring of contracts by skilled lawyers. San Diego has proved over and over that it gets fleeced when it goes up against private sector firms. Generally speaking, I believe City of San Diego pensions are far too high; salaries are too high, also. But that's because the city cannot afford to pay those pensions and salaries. I would like to hear SurfPup's rebuttal. Best, Don Bauder

I would like to hear SurfPup's rebuttal.

When I read the UT more than a decade ago, it was for local news and Don Bauder. I have not read the UT-even online-for more than 3 years. I used to take the LA Times over the UT when they had their local office here back before they closed in it 1988 (??).

I do not watch Fox or any other TV except for two shows, Dylan Ratigan on MSNBC and Freedom Watch with Judge Napolitano on Fox Business News. Hardly wingnut programs.

My response to javajoe is above, I let him and his public union talking poitns have it.

And when you refer to the "poor and middle class," do your realize they might not be so poor is they were unionized and could demand pay and benefits more in line with what the executives get.

Do you mean like GM, or Chrysler, or American Airlines???? Yes, the unions there did WONDERS for their membership. Public sector unions are a cancer destroying what is left of the middle class. They should be BUSTED under the Sherman Anti-Trust Act.
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What I don't understand is why you rant and rave about the poor and working class who have to pay the taxes but you don't seem able to put two and two together and realize that it is the poor and working class who are getting screwed in a much larger way than what they would be paying in taxes.
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Yes, the poor and middle class are getting screwed - on two ends- from trough feeding public employees and trough feeding Wall Street. Thank you for stating that Captain Obvious.
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How does anyone maintain an income high enough to be able to afford the cost of living here in SD, if what was once a good paying job has been taken over by low-ball contractors who lay them off and offer to rehire them at half the pay, if they offer to hire them at all?
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Not by comping GED gov trough feeders $200K per year on the backs of everyone else, that is for SURE! What you have described is what this country was built on, a free market system, if you do not like it, like I said before, move to North Korea where you can become a commie and have your job protected.
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.. You get suckered in by what you read in the UT and hear on Fox News and then you go and vote for some slick ex-cop who could care less about you and yours. He and his crew are going to sell you a new stadium, jack up your seasonal ticket price, double what you pay for a hot dog and a beer, and let your streets and bridges crumble right before your eyes.
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You have no clue as to what I watch or what I hear, you are just the typical gov trough feeder trying to stick his fat little greedy fingers in everyone else's pocket so you can live in luxury off the backs of the poor and middle class. I never voted for KFC Sanders-and if your GED brain ever read these blogs you would know that. I have been rallying against the stadium and other corp giveaways since before Don started to back in 1996, but again, your little brain is so far up your propaganda butt you don't know that. You are a thief and a scammer, nothing more.
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Like I said in my earlier note to Don B., the deal here should not be to see how fast we can all go down in income and see benefits and pensions shrink, or just stand around dumbfounded over how our 401K's lost 60% of their value while them folks who said it was a good idea walk away with 7-figure parachutes and bonuses even when their company loses money

No the DEAL should be to make public union monopolies, which should be busted- conform more to the FREE MARKET, a concept you don't understand and want to tax the many, the poor and small middle class, so the FEW trough feeding public employees with GED's can retire at age 50 with mutli million dollar pensions-on OUR backs. No thanks.

Take your propaganda, which is all it is, to an SEIU beach party where it may go over better. The public is onto the public union scams, where public misc. employees are getting pensions in their 50's that are 3-4 TIMES the actual wages of the AVERAGE working person in this state.
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You are defending the very people who will not even bat an eyelash when you lose everything you've got.
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Again, you don't read these blogs, I have never defended Wall Street or the current public unions, they are both scamming dirtbags. The problem for trough feeders like you is the word is out about your scams. Too bad, you will need to learn to deal with it.

First of all what is this thing you have against people who earned a GED? For many, a GED is something they worked very hard for and should be commended for their effort, not put down by elitist snobs like you.

It's odd how that "free market" stuff you keep raving about works. The free part comes in when the bankers and corporations want to charge customers outrageous prices and not be bound by nasty little rules and regs that hamper their plans to rip people off, destroy the environment, and if necessary goose up a good war here and there just to keep everyone confused and afraid. Fear and confusion tend to be the best ingredients for a superbly profitable war.

Bow-wowzer, you need to understand, these people you keep referring to as "trough feeders" are simply hard working people who happen to be employed in an industry that is very, very old. Consequently, they inherited a condition of their employment which was to be a member of a union. That union was in place because years ago, all over this country- not just here, the employers really tried to take advantage of the employees with outrageous demands like long hours, and six day work weeks or worse, and no, or very few holidays, and certainly no pay if you got sick or even hurt on the job. They were treated like paid slaves. So they organized. The developed their demands and organized strikes where necessary. They demanded decent pay, decent hours, and tolerable work conditions. And they got them, because the employers knew that without the workers, nothing would get done. And this happened on a national scale too. It was unions that demanded the government provide social security to address the problem of the elderly and destitute. And it was the unions that demanded workers comp for those who got hurt in the course of their job; and holidays, and seniority to reward those who stayed and were the most experienced. It was the unions who pushed for safety laws and regulations to get children out of the factories or it something presented a danger to the employees health and safety.

Yes, some unions negotiated pay and benefit packages that caused the employer to move to another country. The company was "free" to leave behind the workers that built the company; left them for the taxpayers to support (not using their profits of course) and provide support services and maybe retraining. Now, companies are moving overseas even when their labor costs are really not a problem. It's just those profits are too good to ignore. They have no problem ignoring what is happening to the American people in the meantime. See, that the thing about corporations and "free enterprise," they and it have no conscience; no concern about the damage it does to the lives of those who made them who they are.

You make some very good points. You are quite right: unions got rolling because of abuses such as child labor, extremely long hours and low wages. Importantly, the public, aware of the inhumanity, backed the workers. Also, your point about so-called free markets is right on. Markets are nowhere near as free and as efficiently functioning as we are always told. Best, Don Bauder

First of all what is this thing you have against people who earned a GED? For many, a GED is something they worked very hard for and should be commended for their effort, not put down by elitist snobs like you.

I do not have ANYTHING against people with GED's, I have a THING AGAINST the gov giving GED gov employees, who have put next to nothing into their education, BIGGER compensation packages than medcial doctors, CPA's, lawyers and other professionals who have spent a decade or more in HIGHER education and taken on tens and hundreds of thousands of dollars in student loan debt to do it. What part of that does not compute in your brain?
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The free part comes in when the bankers and corporations want to charge customers outrageous prices and not be bound by nasty little rules and regs that hamper their plans to rip people off, destroy the environment, and if necessary goose up a good war here and there just to keep everyone confused and afraid. Fear and confusion tend to be the best ingredients for a superbly profitable war.
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I am agaisnt Wall St and financial scamming, and just b/c they scam does not mean gov employees can too. Two wrongs do not = a right.

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Bow-wowzer, you need to understand, these people you keep referring to as "trough feeders" are simply hard working people who happen to be employed in an industry that is very, very old.
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Gov employees are trough feeding leeches preying on the poor and middle class through sales tax increases and all sort of other tax increases.

Unlike the lapdog lickey-lackeys that preceeded and succeeded Aguirre, he worked so hard he lacked in style what he made up for many times over with substance. I liked his style, but thought it wouldn't serve him all that well with the voting public, and told him so.

I also tried to help him in areas where I had competence and he didn't, but he stonewalled me because he (ironically) listened to the gossip-line from people I have pissed off over the years. But I don't hold that against him, at least not fatally.

I do not regret supporting him, but do regret that we are not likely to see his like in that office again. We needed and still need a guard-dog of the public interest, and in my wildest imagination I don't expect to see his like again. We are all worse off for the fact that we can't attract more rat-terriers to terrorize the dirty, sleazy, filthy little rats that raid our cupboards and plague San Diego. A pox on them all!

Mike Aguirre definitely made mistakes, and knows it. He knew the UT was out to smear him at every turn, but he walked into the lions' den several times. He tried to do too much too soon. The UT, the kept lady of the downtown establishment, was able to smear him. He lacked timing. He would introduce an important reform attempt, but before the message really sank in, he would be off on another venture. Several people both inside and outside his office warned him that he was going too fast. The UT wasn't the only puppet of the establishment; local TV stations and other print media -- generally, the mainstream media -- are to blame, too. Now the City of San Diego is hopelessly broke, and outrageous suggestions, such as subsidizing the Chargers to the tune of $700 million, still float in the air. Most who would point out financial reality are keeping their mouths shut. Best, Don Bauder

I thought this comment from the UT article on Aguirre put this whole State Bar investigations in to perspective.

"Attorney John Kaheny, a former lawyer in the City Attorney’s Office who was highly critical of Aguirre, said the closing of the cases does not mean Aguirre did nothing wrong.

“It’s not vindication; it’s just no action,” he said. “In these political cases, (State Bar officials) just don’t want to get involved.”

Now I'll grant you Kaheny, a former assistant City Attorney in San Diego and former City Attorney for Chula Vista is not an Aguirre fan, TO SAY THE LEAST. But his comments on "vindication" and "no action" pegs the result of their investigation dead on.

One could argue the State Bar does not want to wade into wastewater of San Diego politics. Where it would find itself trapped with the elitists who believe their excrement doesn't stink.

John Kaheny hates Aguirre bitterly. I would not expect him to put the matter into perspective. That said, the bar generally does not want to get into local political matters. The UT knew that when it kept repeating the fact that the bar was investigating. Once the election was over -- and the establishment got its toady, Goldsmith, into office -- the UT's job was over. Best, Don Bauder

The U-T finally printed a story on this today, Friday, February 11. Don beat them by two days. That is, in itself, an indication of the bias of the Light News and its editors. But if you have other sources of news, it is becoming apparent that the U-T should be renamed the Light Late News. They are days late reporting stories I get on-line from BBC and other such sources.

Actually, I beat them by almost two weeks, because I posted the item on the blog (in a fairly long post) on Sunday, Jan. 30. I said then that I would have more coverage -- and that was the column that showed up Wednesday. I got a chuckle this morning in reading Voice of San Diego. It announced the news by picking up the UT story. Best, Don Bauder

Is it totally improbable for Mike to run for mayor? As in, a real "reform" candidate? At least he would be a real contrast to the establishment lackeys of one sort and another. There's a real danger that the city will elect an even-worse person than Sanders. (Yes, that's possible, and even likely.) But whomever is elected, he/she will be touted as a "reform" candidate by the local media. Doubt me? Murphy was described as a reformer by the U-T! It doesn't get any more absurd than that, folks.

The UT's endorsement of Murphy could well make a fascinating study of dirty politics and dirty journalism. Remember that Murphy was the candidate who pretended to be skeptical of the ballpark deal. He said he wanted to protect the City of San Diego from fiscal woes because of this deal. As soon as he got into office he reversed field completely and said the ballpark had to be finished. Was this a prearranged deal? Think about it. Best, Don Bauder

While I'll agree the UT is News-very-light these days, Don is connected at the hip to ole Mikey, so I'd expect him to have the story before anyone else. I'll betcha Aguirred called or emailed him within an hour of the getting the notification from the State Bar.

However, the way Don gushing and "sighs" over Aguirre is unnecessary. This is a puff piece and should have been posted elsewhere. This kind of journalism should be a red flag for readers who want facts not fluff. If he wanted to write an opinion piece he should have left it in his blog.

It means having the appearance of truth -- probable, or likely. Actually, it's a good 50-cent word because often you can't use the word "truth" because you don't have enough information. Best, Don Bauder

That reminds me of one of my favorite jokes. The Brooklyn first-grader is telling the class his experience that morning: "I hoid a boid choiping." The teacher says, "No, you heard a bird chirping." He replies, "Yeah? I swear I hoid a boid choiping." Best, Don Bauder

"Attorney John Kaheny, a former lawyer in the City Attorney’s Office who was highly critical of Aguirre, said the closing of the cases does not mean Aguirre did nothing wrong.

“It’s not vindication; it’s just no action,” he said. “In these political cases, (State Bar officials) just don’t want to get involved.”

It’s exactly what you should expect from a lawyer whose entire practice has been at the public trough where he has no experience with the nitty-gritty real world give and take inside a trial department handling difficult cases for real people in real distress where losses can be such a bitter disappointment to clients who, on occasion, complain to the bar association about something their lawyer did or didn’t do.

Clients’ complaints to the state bar are very definitely taken seriously, no matter how unfounded they may turn out once they’re investigated. No matter how complex the case is, the state bar trial lawyers never say “oh, this is too complicated, we’re closing the case.”

For the Bar Associations trial lawyers, many of the complaints they handle fall into familiar patterns which, although serious, can be routine and in time, boring. But send them a case which involves multiple ethical questions on the part of highly visible public figure and you have made their day, their month, indeed their year. Rather than shying away, they dig in with real gusto, they jump in with both feet!

I retired after nearly 40 years of trying hundreds of cases not only in San Diego County courtrooms but in courtrooms all around this country where I had to gain permission from state courts and state bars for special permission to appear in other states. Words fail me at how bewildering Kaheny’s statement is. But the fact that people actually believe it leaves me speechless.

Clients’ complaints to the state bar are very definitely taken seriously, no matter how unfounded they may turn out once they’re investigated. No matter how complex the case is, the state bar trial lawyers never say “oh, this is too complicated, we’re closing the case.”

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The State bar is a joke, and it starts with the idiots running the thing, like former Presdient Sheldon Sloan. The state bar trial lawyers are clowns who would never make it in the world you have just described that Kaheny would never make it in, but the State Bar Court judges are worse, they are merely rubber stamps in many cases, no different from the two bit rubber stamp flunkies that hear cases at the Office of Administrative hearings.

Same thing goes on at the federal level, where federal judges have literally thousands of complaints filed against them every single year-many legit-yet not one is ever upheld (short of the Senate threatening impreachment hearings like against Manuel Real in LA).

The courts and the flunky judges running them are the reason we have turned into a banana republic, they don't uphold the Constitution, they have gutted it's protections.

The investigation of Aguirre was pretty intense, from what I could observe. But I think it's true that the bar is reluctant to get into politics, because it knows that dishonest political enemies will exaggerate claims, and hostile media will use the existence of a bar investigation as a justification for a smear. All that was true in the Aguirre investigation. Best, Don Bauder

"Most who would point out financial reality are keeping their mouths shut."

Why?

PS: Aguirre should have picked his issues more carefully. He should have picked his staff more carefully. He should have stayed a bit farther back on the stress curve and that of his staff. If he's going to judge someone based on "advice," he should confront the subject of the gossip directly and listen to the rebuttal, basing his judgment on the merits of the argument, not on personalities. He needs to understand that the truth is often counterintuitive. When he accepts a volunteer to do a project for him and assigns staff to it, he needs to make a list to check off to ensure follow-through. He needs to understand that his best friends may be the very ones who challenge the stuff he's most cocksure of, especially on technical matters about which he has no competence. He should have listened to my grandma: "The hurrier you go, the behinder you get."

"The hurrier you go, the behinder you get."

That expression can be used in several senses. One use is just somebody complaining that he or she can't keep with the workload. That isn't how your grandma apparently used it. She used it to be critical of those who move too fast, and then wind up stepping backward. Best, Don Bauder

There is no question that Aguirre tackled too much. He tried to do too much too fast. He was often not a good listener. He was not a politician. At some point, San Diego voters will realize they need somebody with guts in that job -- and in other political posts, too. But that was not to be during his incumbency of 2004-2008. Best, Don Bauder

I think part of both Mike's and Donna Frye's problem was that not a high enough percentage of the San Diego public was aware of the fiscal woes, the infrastructural rot, the pension calamity, the CCDC scams, etc. Thus, the mainstream press -- prostituting for the establishment -- could tell lies about both Donna and Mike and get away with it. Best, Don Bauder

As I read it, you are saying you're a "fan" of NJ Gov Christie. Am I reading that correctly.
From what postings I've read of yours, it seems incongruous that you would be a fan his. Actually, it seems just downright odd.

"I think part of both Mike's and Donna Frye's [and Bruce Henderson's] problem was that not a high enough percentage of the San Diego public was aware of the fiscal woes, the infrastructural rot, the pension calamity, the CCDC scams, etc. Thus, the mainstream press -- prostituting for the establishment -- could tell lies about both Donna and Mike and get away with it. Best, Don Bauder"

None of those fine folks knew how to pick staff who knew how to pick friends/volunteers/resources, or how to organize work, priorities, and "time." "Optimal allocation of scarce resources" is a fine buzz-phrase, but anybody can put it into a resume. Anybody who's "too busy" (covering their ass because of covering ttheir ass because of . . .) all the time doesn't know how to manage it, or how to "staff from strength."

All the more reason we need a score card. We, the public, are up to our ears in alligators too and have too many balls in the air to hit homers.

The pity is, it ain't hard or complicated, it's just a matter of consistency, congruence, and relevance.

It's so expatiating! All of the above--I suspect, but can't prove. "HR" is "Personnel" on steroids and crack. It's all so exacerbating! During one of those "reorganizations" many moons ago, a suggestion was made during a brainstorming session (no rejections out of hand) that Personnel (called "Silly Service" for short) be done away with and that working groups do their own recruiting. The idea was rejected out-of-hand and the submitter bansished from future participation.

Please elucidate the principles which should be employed in employing. Then we can have a rational basis for comparing the results obtained with the processes that produced them.

I'll correct myself to this degree. SOME of the staff with whom I have dealt, were, in my opinion, inept. I ain't sayin' that we're all perfeckt--I'm sayin' that we've all got a lot to learn, starting with learning that we've all got a lot to learn.

"The worst kinda ignerance ain't s' much not knowin', as 'tis knowin' s' much that ain't so!" --Imperfectly recalled and modified in the grand tradition of improving on a story. From: Josh Billings.

In follow-up to my reply post, which I'll paste here because the numbering will change:

"Interesting. Numbering of posts was discontinued for a while, but now it shows on my monitor. No. 83 is now number 85, meaning that the numbers now CHANGE, making them less than worthless ss.

By Twister 4:44 p.m., Feb 28, 2011 > Edit > Reply > Report it

Post reply

Notice the extra ss'? That's because I had to type in the blind because I couldn't see the text I was typing. Even on this post, I can't see the first letter of the line because the reply window feature isn't working right. Too bad. Excellent content; worsening features.

twister and don bauder
are you using internet explorer or firefox? I normally use Firefox, which doesn't show post #s for some reason.
This is being done in IE and post numbers are showing. Strange.
BTW to see which post 85 is a reply to just put your pointer on the far left edge of the comment and scroll up. when you get to the comment box just slightly large, that's the one. In this case post 73 by surfpuppy619. It's never been an issue for me figuring out which replies belong to which posts, but I don't comment very often because I'm not in town much and most times there haven't been this many comments.